49 CFR § 384.203 - Driving while under the influence.

---
identifier: "/us/cfr/t49/s384.203"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "49 CFR § 384.203 - Driving while under the influence."
title_number: 49
title_name: "Transportation"
section_number: "384.203"
section_name: "Driving while under the influence."
chapter_name: "FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION"
subchapter_number: "B"
subchapter_name: "FEDERAL MOTOR CARRIER SAFETY REGULATIONS"
part_number: "384"
part_name: "STATE COMPLIANCE WITH COMMERCIAL DRIVER'S LICENSE PROGRAM"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "49 U.S.C. 31136, 31301,  and 31502; secs. 103 and 215 of Pub. L. 106-159, 113 Stat. 1748, 1753, 1767; sec. 32934 of Pub. L. 112-141, 126 Stat. 405, 830; sec. 5524 of Pub. L. 114-94, 129 Stat. 1312, 1560; and 49 CFR 1.87."
regulatory_source: "59 FR 26039, May 18, 1994, unless otherwise noted."
cfr_part: "384"
---


# 384.203 Driving while under the influence.

(a) The State must have in effect and enforce through licensing sanctions the disqualifications prescribed in § 383.51(b) of this subchapter for driving a CMV with a 0.04 alcohol concentration.

(b) Nothing in this section shall be construed to require a State to apply its criminal or other sanctions for driving under the influence to a person found to have operated a CMV with an alcohol concentration of 0.04, except licensing sanctions including suspension, revocation, or cancellation.

(c) A State that enacts and enforces through licensing sanctions the disqualifications prescribed in § 383.51(b) of this subchapter for driving a CMV with a 0.04 alcohol concentration and gives full faith and credit to the disqualification of CMV drivers by other States shall be deemed in substantial compliance with section 12009(a)(3) of the Commercial Motor Vehicle Safety Act of 1986 (49 U.S.C. 31311(a)(3)).

[67 FR 49761, July 31, 2002]